Introduction
TKW Research Group (ABN 12 781 566 028) respects and upholds your rights under the Australian Privacy Principles contained in the Privacy Act 2014 (Cth) (“Privacy Act”). TKW Research Group also adheres to the Privacy (Market and Social Research) Code 2014 (“Code”). For more information about the Privacy Act, the Australian Privacy Principles and the Code click here

‍This Privacy Policy for TKW Research Group lets you know what personal information of yours we hold, what we do with it, who we will disclose it to and how you can access the personal information we hold about you. You can also find out here how to change inaccurate personal information and how to opt out of receiving communications from us.

What personal information about you does TKW Research Group collect and hold?
The information TKW Research Group collects varies from project to project however can include name, DOB, gender, occupation, salary, opinions and feedback in relation to products, brands etc. When providing personal information you have the option of remaining anonymous or using a pseudonym to be identified by. However, in certain circumstances, such as where we receive your contact details from a third party or where the research data itself may potentially allow for identification, this may not be practicable. Depending on the nature of the research we conduct, we may also collect sensitive information from you, such as political opinion, health information etc. Sensitive information will only be collected with your prior consent and only if it is directly related to, or reasonably necessary for, the research we conduct.

How does TKW Research Group collect and hold your personal information?
TKW Research Group will generally collect your personal information directly from you in the course of you participating in our research and/or surveys. However, we may also from time to time collect personal information about you from third parties, such as sponsoring clients for the research providing a list of potential candidates for the research. If so, we ensure that we only collect personal information where each individual is aware that their information has been passed onto us prior to receiving it. We may also collect personal information from promotional activities such as promotional events and competitions, from other directly related companies, from organisers of events that the organisation sponsors.

What are the purposes, for which TKW Research Group uses, handles and discloses your personal information?
We will only use and disclose your personal information for the purpose of conducting our research and in accordance with this Privacy Policy. We will not use or disclose your personally identifiable information for the purpose of advertising, promotions or direct marketing activities. If you declined to participate in our research, we may use your personal information to re-contact you for a research purpose if we have valid reasons to believe a genuine research concern warrants such re-contact. If you have participated in our research, we will only re-contact you if you were informed of this or we have valid reasons to believe a genuine research concern warrants such re-contact.

Who will TKW Research Group disclose your personal information to?
TKW Research Group will not disclose any personally identifiable research information we collect from you unless we have your express prior consent and will only report the information you provide in an aggregate form that will not personally identify you. We will not disclose any personal information or personally identifiable research information to a third party other than to the research moderator for the applicable research (only in the event that you choose to attend an interview/ discussion), for a purpose other than conducting our research unless we have your express prior consent or are required to do so by an Australian law.

In the course of conducting our research we may rely on third party service providers to host or store the data we collect who are located overseas. The names and locations of those suppliers are only ever our clients and their direct suppliers, if a survey is not hosted by TKW Research Group you will be notified when invited to participate of where and who is collecting that particular data. In all cases of overseas data collection, this survey data and research information will not be personally identifiable. We will also take reasonable steps to ensure any service providers (and their employees and contractors) comply with the Privacy Act and this Privacy Policy and/or are subject to similar privacy laws and you have the ability to enforce those rights.

Openness
You have the right to request access to any personal information we hold about you. You can request this information by contacting the Privacy Officer at the details listed below. Where we hold information that you are entitled to access, we will respond to your request in a reasonable time and endeavour to provide you with a suitable range of choices as to how access is provided (eg, emailing or mailing it to you). A fee may be charged to cover the cost of retrieval. However this fee will not be excessive and will only apply to the facilitation of your request.

If at any time you believe that personal information we hold about you is incorrect, incomplete or inaccurate, then you may request amendment of it and we will either amend the information or make a record of your comment, as we think appropriate.

Questions and complaints
If you have any questions about this Privacy Policy or believe that we have at any time failed to keep one of our commitments to you to handle your personal information in the manner required by the Privacy Act, the APPs or the Code, then we ask that you contact us immediately using the following contact details:

Privacy Officer
Sandhya Le Grand
Ph: +61 3 8789 4444
[email protected]
83b Hartnett Drive
Seaford, VIC, 3198
Australia

We will respond and advise whether we agree with your complaint or not. If we do not agree, we will provide reasons. If we do agree, we will advise what (if any) action we consider it appropriate to take in response. If you are still not satisfied after having contacted us and given us a reasonable time to respond, then we suggest that you contact the Office of the Australian Information Commissioner by:

Phone: 1300 363 992 (local call cost, but calls from mobile and pay phones may incur higher charges). If calling from overseas (including Norfolk Island): +61 2 9284 9749
TTY: 1800 620 241 (this number is dedicated to the hearing impaired only, no voice calls)
TIS: Translating and Interpreting Service: 131 450 (If you don’t speak English or English is your second language and you need assistance and ask for the Office of the Australian Information Commissioner)
Post: GPO Box 2999 Canberra ACT 2601
Fax: +61 2 9284 9666
Email: [email protected]

TKW Research Groups Websites
When visiting TKW Research Group’ web sites, the site server makes a record of the visit and logs the following information for statistical and administrative purposes:

• the user’s server address – to consider the users who use the site regularly and tailor the site to their interests and requirements;
• the date and time of the visit to the site – this is important for identifying the website’s busy times and ensuring maintenance on the site is conducted outside these periods;
• pages accessed and documents downloaded – this indicates to TKW Research Group which pages or documents are most important to users and also helps identify important information that may be difficult to find;
• duration of the visit – this indicates to us how interesting and informative the TKW Research Group site is to candidates; the type of browser used – this is important for browser specific coding
• In order to optimize the TKW Research Group web site and better understand it’s usage, we collect the visiting domain name or IP address, Computer Operating System, Browser Type and Screen Resolution

A cookie is a piece of information that an Internet web site sends to your browser when you access information at that site. Cookies are either stored in memory (session cookies) or placed on your hard disk (persistent cookies). The TKW Research Group Web site does not use persistent cookies. Upon closing your browser the session cookie set by this web site is destroyed and no Personal Information is maintained which might identify you should you visit our web site at a later date.

Retention and destruction of Personal Information
TKW Research Group will destroy or de-identify your personal information as soon as practicable once it is no longer needed for the purpose for our research purposes. However, we may in certain circumstances be required by law to retain your personal information after our research has been completed. In this case your personal information will continue to be protected in accordance with this Policy. If we destroy personal information we will do so by taking reasonable steps and using up-to-date techniques and processes.

Security of Information
TKW Research Group will take reasonable steps to protect your personally identifiable information as you transmit your information from your computer to our website and to protect such information from loss, misuse, and unauthorised access, use, modification, disclosure, alteration, or destruction.  However, you should keep in mind that the transmission of information over the Internet is not completely secure or error-free. In particular, e-mail sent to or from this website may not be secure, and you should therefore take special care in deciding what information you send to us via e-mail.

Miscellaneous
In this policy “personal information” has the same meaning as under the Privacy Act.
 

This policy is effective from April 2014. We may change this policy from time to time. Although we intend to observe this Privacy Policy at all times, it is not legally binding on TKW Research Group in any way. From time to time we may regard it as necessary or desirable to act outside the policy. TKW Research Group may do so, subject only to any other applicable contractual rights you have and any statutory rights you have under the Privacy Act or other applicable legislation.

Our company is bound by the Market and Social Research Privacy Principles (M&SRPPs), which are approved by the Federal Privacy Commissioner. Information on the M&SRPPs can be found on the website of the Association of Market and Social Research Organisations amsro.com.au.

All people engaged by My CX are bound by Terms and Conditions. These terms and conditions of employment are set out in more detail in the next step of the registration process, on the Contract of engagement.

You are required to comply with policies and procedures as outlined below. Further detail can be attained by calling My CX on +61 3 8789 4444.

Confidentiality: All information provided by My CX and any My CX Client is to remain confidential and you will not disclose or duplicate these materials except for the express purpose of conducting your work. Under no circumstances is any use to be made of this information except for the purposes directly related to furthering the business objectives of My CX and / or the Client and provided that the prior consent of My CX has been obtained prior to such use occurring. 

Conflict of interest:

One of the essential terms of the service we offer to our clients is that “mystery” shoppers are anonymous and not-identifiable when performing the duties.  For this reason, we require you to promise us that you have no conflict of interest when accepting and /or completing any mystery shopping work with us.

You DO have a conflict of interest if:

• You are a current or previous employee of the business, retail brand, store or site you are engaged to visit
• You are a current employee of one of My CX’s competitors
• You have any previous or current business or personal connections present when performing the duties eg: you are friends with a Staff Member in the store selected for the visit

KPIs: All My CX Mystery Shoppers are required to complete their work in line with the Key Performance Indicators outlined.

Responsibilities: These will vary for each program and job. You will be informed of your responsibilities at the commencement of each job online or by My CX Project Manager. You are required to carry out all the duties to the best of your skill and ability and will discharge such other duties as may be delegated or assigned to you by the Client as directed.

Remuneration: This will vary for each job. You will be informed the total rate payable for the specific job prior to accepting the job online.

Termination: My CX is under no obligation to continue to offer you work and you are under no obligation to accept work offered to you from time to time.

User Details: The individual username and password access is restricted to a single user. Usernames and Passwords must not be distributed to any other person, body or corporation. 

We are pleased to offer you a hobbyist contract with My CX, a division of The TKW Collective (the Company) in the position of a Mystery Shopper.

Standard Conditions of Contract for Mystery Shoppers

1. Hobbyist Agreement

You do not need to declare the amounts you make from your hobby (mystery shopping) to the Australian Tax Office (ATO).  You cannot claim a deduction for any losses from your creative work as a hobbyist.  You do not need to keep records of your hobby for the ATO, however it is good practice to keep records in case your circumstances change.  You do not need an ABN for a hobby.

The Company cannot guarantee you regular work.

You will be offered work by the Company from time to time when such work is required. The Company has no obligation to offer you further work after the completion of a period of work.

You will have the ability to accept or decline offers of work.

2. Responsibilities

These will vary for each program and job. You will be informed of your responsibilities at the commencement of each job online or by the Company’s Project Manager. You are required to carry out all the duties to the best of your skill and ability and will discharge such other duties as may be delegated or assigned to you by the Client as directed.

3. Hours of Work

Your hours will vary as notified online by the Company. You will be able to accept or decline offers of work and accordingly, you will have and maintain control over your own hours of work. This is available via the My CX portal.

4. Piecework Agreement 

You and the Company mutually agree:

(a) That the work to be performed is task based mystery shopping.

(b) You will be engaged as a hobbyist.

(c) This agreement will start when you electronically accept the terms and conditions.

(d) For each mystery shopping task, a flat rate will be set based on our assessment of the time that the mystery shop including the report writing.

(e) The piece rate will vary depending on the task to be performed and you will be able to view the specific piece rate per task when you are offered work online by the Company.  

(f) If you accept the task offered to you, the piece rate will be the rate you accepted when you accepted the work.

5. Relationship with Modern Award

For Mystery Shoppers, there is no Modern Award that applies to this particular kind of work. 

6. Expenses

The total payment for each Mystery Shop is inclusive of all costs associated with the job.  You may be reimbursed for expenses reasonably incurred by you in the performance of your duties, subject always to the approval of the Company’s Project Manager. You will be informed of this amount at the commencement of the program online or by one of the Company’s Project Managers.

7. Conflict of Interest

One of the essential terms of the service we offer to our clients is that “mystery” shoppers are anonymous and not-identifiable when performing the duties.  For this reason, we require you to promise us that you have no conflict of interest when you are performing the duties we offer to you.

You have a conflict of interest if:

•    You are a current or previous employee of the business, retail brand, store or site you are engaged to visit;

•    You are a current employee of one of the Company’s competitors; and

•    You have any previous or current business or personal connections present when performing the duties e.g.: you are friends with a Staff Member in the store selected for the visit. 

You promise that you will not ‘accept’ the job if there is the possibility that you could be identified or in any other way compromise your anonymity when performing the duties.

If a conflict of interest arises you promise to immediately contact the Company’s Project Manager immediately to advise them of the conflict of interest.  The Company’s Project Manager will take steps to manage the conflict appropriately, including excluding you from jobs that are affected by the conflict of interest.

Our clients are entitled to check with us to make sure that the mystery shoppers we provide to them are in fact anonymous and not-identifiable when performing the duties.  In this regard your name and other basic the identifying details (such as date of birth) may be provided to our clients for the purpose of spot checking conflicts of interest. This information will not be retained by our clients and will be used for the purpose of spot checking conflict of interest only, then destroyed.

8. Key Performance Indicators (KPIs)

All Mystery Shoppers are required to complete their work in-line with the Key Performance Indicators (KPIs) for the job they are completing. Failure to meet any of the KPIs may mean that you do not receive payment for the job as it will be treated as incomplete.  Additionally, if you fail to meet any of your KPIs on an on-going basis, the Company may cease to provide you with Mystery Shopping work.

9. Termination of Contract

The Company is under no obligation to continue to offer you further work after the completion of a task and you are under no obligation to accept work offered to you from time to time.  

Otherwise, your contract may be terminated at any time by either party giving not less than four hours’ notice to the other. 

This however does not affect the right of the Company to terminate your contract immediately where you:

a) Commit any serious or persistent breach of the terms and conditions;

b) Are guilty of serious misconduct including dishonesty;

c) Fail to comply with the Company’s reasonable directions; 

d) Are in serious breach of the Company’s policies and procedures or the relevant Client Partner’s policy and procedures made known to you for the time being in force;

e) Breach confidentiality; or

f) Commit any behaviour which in the reasonable opinion of the Company is prejudicial to the business or interests of the Company or the Client. 

10. Leave Entitlements

This does not apply to hobbyists.

11. Notification of Illness 

You must notify the Company prior to 9:00am if you are unable to perform a task that you agreed to perform that day or to work as planned due to illness or other exceptional circumstances, and inform the Company of the estimated duration of absence.

12. Communication

The Company will contact you via email, text message, and phone as part of your contract. Failure to contact the Company by midnight on the day of a request being lodged may result in loss of payment for a completed job. Failure to be contactable on an ongoing basis may result in your removal from our database. 

13. Prohibition on Contras

The Company may cease offering you work or may terminate your contract without notice if you are found to have acted in breach of any written policy of the Company or any policy of the relevant client that has been made known to you and with which you have been advised that you are required to comply.  

For the avoidance of doubt, you are specifically prohibited from entering into “contra” arrangements with any person, under which you gain a personal benefit of money, products, goods or services or any other valuable consideration. 

14. Confidentiality

All information provided by the company and any of its clients, is to remain confidential and you will not disclose or duplicate these materials except for the express purpose of conducting your work. 

Under no circumstances is any use to be made of this information except for the purposes directly related to furthering the business objectives of the Company and / or the client and provided that the prior consent of the Company has been obtained prior to such use occurring.

You will treat as confidential, any results, observations and information collected throughout the course of your contract with the Company, and not disclose these to any other parties, unless specifically instructed by the Company. You will not, for so long as you are engaged by the Company, perform work or provide services to any person, entity or business which is competitive with any business carried on by the Company or its clients, without consent from the Company.

15. Work Health and Safety

It is a condition of your contract that you comply with all relevant Federal and State work health and safety laws to provide a safe and healthy workplace for yourself, other workers, customers and visitors.

16. Work Entitlement

Pursuant to the Migration Act 1958 it is a requirement for all workers to provide proof of entitlement to work in Australia.

If your entitlement to work is subject to a visa, your visa must remain current during the course of your contract.  The Company reserves the right to check the validity of your visa from time to time. It is your responsibility to inform the Company if there is any change to the status of your visa and your right to work in Australia.

If your visa expires or is no longer valid, your contract with the Company will cease immediately.

17. Superannuation

Superannuation does not apply to hobbyists.

My CX is a division of The TKW Collective Pty Ltd (ABN 12 781 566 028)

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